This month's legal alert addresses three significant IDEA issues. In Burnette v. San Mateo-Foster City School District, the Ninth Circuit Court of Appeals answered whether a child find violation entitles the parents to a remedy when the child is determined not to be eligible, and whether child-identified e-mails that are not part of the child's… Continue reading August 2018 Legal Update
Category: Monthly Legal Update
July 2018 Legal Update
This monthly legal alert addresses Section 504 and IDEA issues, respectively. First is an update of the national and state-by-state percentages of “504-only” students. Second is the summary of a recent federal appellate court decision concerning child find and eligibility IDEA. Click here to download and read more.
June 2018 Legal Update
This monthly legal alert addresses an IDEA issue and a Section 504 issue. First is the summary of a recent federal appellate court decision concerning the IDEA's LRE mandate --B.E.L. v. Hawaii (2018). The second is a recently published article reporting the national and state-by-state percentages of "504-only" students. Click here to download the update… Continue reading June 2018 Legal Update
Special Supplement: Section 504 Eligibility Form
In my interaction with participants at my various presentations around the country, the request for my Sec. 504 eligibility form has become more and more frequent. The form, which may be customized with due acknowledgment, is attached here for your convenience. Click here to download the Section 504 Eligibility Form.
May 2018 Legal Update
This month's legal alert summarizes two recent articles, one that is an updated outcomes analysis of the aftermath of Endrew F. upon its first anniversary (“The Aftermath of Endrew F. One Year Later: An Updated Outcomes Analysis”) and the other that is a case law analysis of the obligations to students with disabilities in private… Continue reading May 2018 Legal Update
April 2018 Legal Update
This monthly legal alert summarizes two recent cases that are officially published federal appeals court decisions. Mr. P. v. West Hartford Board of Education (2018) illustrates various basic issues under the Individuals with Disabilities Education Act (IDEA). Pollack v. Regional School Unit (2018) identifies a potentially significant additional obligation under the Americans with Disabilities Act (ADA). Click… Continue reading April 2018 Legal Update
March 2018 Legal Update
This month's legal alert focuses on two recent cases with costly consequences, one arising from a student’s concussion (Lincoln-Sudbury Regional School District v. Mr. and Mrs. W. (2018)), and the other, the failure to have the IEP ready at the start of the school year (School District of Philadelphia v. Kirsch (2018)). Click here to… Continue reading March 2018 Legal Update
February 2018 Legal Update
This legal alert focuses on two recent cases, one including the intersection of child find and RTI under the IDEA (M.G. v. Williamson County Schools (2018)), and the other concerning the IDEA remedies for stay-put violations (Doe v. East Lyme Board of Education (2015, 2017)). Click here to download the update and read more.
Special Annual Supplement: Trumping Educational Policy
As a special supplement to the monthly updates, here's a look-back for the year that reveals a shift in the federal education policy as part of President Trump's overall agenda. Although you may well have noticed one or two of these events, the cumulative consistent effect is rather dramatic in terms of the reversal of… Continue reading Special Annual Supplement: Trumping Educational Policy
January 2018 Legal Update
This monthly legal alert, as a wider view to start the new year, provides two over-arching legal developments: (a) a six-month look at the lower court progeny of the Supreme Court’s Endrew F. decision, and (b) the latest data on the incidence of students on 504 plans. Click here to download the update and read… Continue reading January 2018 Legal Update
Perry A. Zirkel 